PROVENZO v. SAM


23 N.Y.2d 256 (1968)

James Provenzo, Appellant, v. Nancy D. Sam, Defendant, and Ruth E. Martenson, Respondent.

Court of Appeals of the State of New York.

Decided November 27, 1968.


Attorney(s) appearing for the Case

Anthony J. Spann for appellant.

William R. Blood for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, KEATING, BREITEL and JASEN concur.


SCILEPPI, J.

On January 18, 1964 at approximately 6:00 P.M. the plaintiff was operating his pickup truck, in which his wife was a passenger, in a westerly direction along Lake Shore Drive, in the City of Dunkirk. The plaintiff observed the automobile directly in front of him (thereafter identified as being owned by respondent) begin to swerve back and forth on the highway. At this point, plaintiff remarked to...

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